Dayton, OH asked in Civil Litigation, Collections and Consumer Law for Ohio

Q: I'm being sued in civil court over outstanding credit card debit. I'm 76 living on a fixed income. Do I have any option

The debit is for a total of $1726.64 which includes their 4% interest rate. My wife and I live on retirement income and social security income. I have been told our income can not be garnished. Is this True? Should I still appear in court? Should I hire an attorney ?

1 Lawyer Answer
Bruce Martin Broyles
Bruce Martin Broyles
  • Lancaster, OH
  • Licensed in Ohio

A: Your pension and docial security cannot be garnishdd. However, if the judgment creditor attaches your bank account you will have to prove that the funds came from an exempt source.

Alternatively, if it is a credit card not issued by a National Bank, they cannot charge interedt anove the statutory maximum, and they cannot compound the interest.

You could defend yourself and assert that you did not sign any agreement agreeing to these interest charges

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